Unsolicited Electronic Messages Ordinance Part 7 7-8 Section 60 Cap. 593 prevent the employee or agent from doing the act or engaging in the conduct, or from doing or engaging in, in the course of his employment or authority, acts or conduct, as the case may be, of that description. (4) In any proceedings for an offence under this Ordinance brought against any employee in respect of an act or conduct alleged to have been done or engaged in, as the case may be, by the employee, it is a defence for the employee to prove that he did the act or engaged in the conduct in good faith— (a) in the course of his employment; or (b) in accordance with instructions given to him by or on behalf of his employer in the course of his employment. (5) Subsection (4) does not apply to an employee who, at the time the act was done or the conduct was engaged in, was in a position to make or influence a decision regarding that act or conduct. 60. Liability of directors, partners, etc. (1) Where an organization has done any act or engaged in any conduct constituting an offence under this Ordinance, the following person shall, unless there is evidence showing that he did not authorize the act to be done or the conduct to be engaged in, be presumed also to have done the act or to have engaged in the conduct— (a) in the case of a Hong Kong company or other company or body corporate (the company)— (i) any director of the company who, at the time the act was done or the conduct was engaged in, was responsible for the internal management of the company; or (ii) if there was no such director, any person who, at the time the act was done or the conduct was Last updated date 2.8.2012